Sarayiah v University of Durham & Ors [2020] EWHC 2792 (QB) (23 October 2020)

Sarayiah v University of Durham & Ors [2020] EWHC 2792 (QB) (23 October 2020)

The order of Master Thornett dated 5 June 2018 superseded the earlier order and provided that the stay of proceedings expired 21 days after the Court of Appeal's PTA decision. The claimant failed to serve particulars of claim within that period and did not apply to restore his stay application or seek further extension. The failure to comply with the rules and court order justified striking out the claim as a proportionate sanction. The claimant's applications for default judgment and alternative service were also dismissed.

Citation
[2020] EWHC 2792
Parties
Claimant: Isaac Sarayiah; First Defendant: University of Durham; Second Defendant: David Williams; Third Defendant: Claire Molloy; Fourth Defendant: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
23 October 2020
Procedural Posture
Civil Defamation / Application to Strike Out Claim and Application for Default Judgment
Outcome
Claim struck out; judgment for defendants; claimant's applications dismissed
Legal Topics
Extension of Time for Service of Particulars of Claim, Stay of Proceedings, Default Judgment, Relief From Sanctions, Interpretation of Court Orders
Civil Procedure Defamation Extension of Time for Service of Particulars of Claim Stay of Proceedings Default Judgment Relief From Sanctions Interpretation of Court Orders

Case Brief

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Parties

Isaac Sarayiah

Claimant

University of Durham

First Defendant

David Williams

Second Defendant

Claire Molloy

Third Defendant

Persons Unknown

Fourth Defendant

Procedural Posture

Civil Defamation / Application to Strike Out Claim and Application for Default Judgment

Legal Issues

  1. 1 Whether the claimant served particulars of claim within the time prescribed by CPR 7.4(2) as extended by court order
  2. 2 Whether the claim should be struck out for failure to comply with rules or court order
  3. 3 Whether the claimant is entitled to default judgment against the defendants

Ratio Decidendi

The order of Master Thornett dated 5 June 2018 superseded the earlier order and provided that the stay of proceedings expired 21 days after the Court of Appeal's PTA decision. The claimant failed to serve particulars of claim within that period and did not apply to restore his stay application or seek further extension. The failure to comply with the rules and court order justified striking out the claim as a proportionate sanction. The claimant's applications for default judgment and alternative service were also dismissed.

Court Disposition

Claim struck out; judgment for defendants; claimant's applications dismissed

Orders

  • Claim form struck out under CPR 3.4(2)(c) for failure to comply with rule and court order
  • Judgment entered for the defendants